AMAR SINGH NARUKA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The accused-petitioner has moved this application for grant of bail under Section 439 Cr.P.C. in respect of FIR No.164/2014 registered at Police Station Narayanpur (Alwar) for the offence under Section 3/25 of the Arms Act. The allegation against the petitioner is that one single barrel 0.315 bore Katta and a live cartridge 0.315 bore was recovered from his possession on 19.10.2014 at 2.50 p.m and he was not having a valid and effective license for the same. The application filed by the petitioner for grant of bail under Section 439 Cr.P.C. has been dismissed by the Additional Sessions Judge No.2, Alwar vide order dated 3.11.2014 mainly on the ground that as many as nine other criminal cases for various offences have been registered against the petitioner from time to time.

(3.) Inviting attention of this Court towards Section 37 of the Arms Act (hereinafter to be referred as "the Act") learned counsel for the petitioner submitted that the offence for which the petitioner has been arrested is bailable and, therefore, he is entitled to be released on bail as of right in the light of provisions of Section 436 Cr.P.C., but the learned Court below without considering that aspect of the matter dismissed the application filed by the petitioner only on the ground that some other criminal cases were also registered in past against the petitioner. It was further submitted that a special procedure has been provided under sub-section (2) of Section 37 of the Act that if any person is arrested under the Act he shall be delivered without delay to the officer in charge of the nearest police station and that officer shall either release that person on his executing a bond with or without sureties to appear before a Magistrate or should that person fail to execute the bond and to furnish, if so required, sufficient surities, produce that person without delay before Magistrate. It was submitted that the special procedure as provided under this provision of the Act makes it analogous to Section 436 Cr.P.C. and, therefore the petitioner is entitled to be released on bail as of right. It was also submitted that although under any of the provision of the Act it has not been specifically provided that offences or any of the offence punishable under the Act are/is bailable, but looking to the special procedure provided under sub-section (2) of Section 37 of the Act it is manifest that the offences under the Act are bailable.